With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with U.S. immigration regulations. To avoid potential fines, penalties, or jeopardizing the status and work authorization of H-1B employees
Continue Reading Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers
An all too familiar countdown once again as we wait to hear the fate of the latest temporary extension to continue funding the government after midnight on Friday, December 20th. Employers should be aware that a shutdown will likely impact processing of immigration cases.
During a shutdown, all but “essential”
Continue Reading Here We Go Again? Government Shutdown and Impacts on Immigration
Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing
Continue Reading Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note
In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence (“green card”) sponsorship for essential talent. While the Program Electronic Review Management (PERM) process has been a staple for many
Continue Reading Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key TalentBy: Scott Hecker and Kevin Young
Post originally appeared as a Legal Update on Seyfarth’s News & Insights Page link here.
Gone are the days when the U.S. DOL’s Wage & Hour Division (“WHD”) invited employers to proactively identify and collaborate with the Division to fix their wage and
Continue Reading Preparing for WHD’s Less-Carrot-More-Stick Enforcement Approach
Seyfarth Synopsis: This is the first installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for Agency Action.” A total of five installments will be published on a weekly basis. Please stay tuned for
Continue Reading Eliminate Bars to Entrepreneurial Self‐Sponsorship
The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary depends on . . . not understanding it.”
In this case, federal immigration bureaucrats have had three decades to comprehend the delicate legislative balance of business needs and labor protections that produced the H-1B visa category for workers in specialty occupations. For most of the ensuing years they seemed to appreciate that balance. Yet, now, with the fate of their Executive Branch leader and paymaster up for a plebiscite in three weeks, their comprehension has (unsurprisingly) failed. As this blog post will explain, because the needs and best interests of employers and workers (citizen and noncitizen alike) are intertwined, changing the rules of play late in the game without fair notice in order to favor one team over others will only hurt everyone.
Continue Reading Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry
The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one entitled, “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (“EO” or “Executive Order”). The new EO focuses on federal contractors (and their subcontractors) who employ H-1B and other nonimmigrant foreign workers. While the Executive Order itself imposes no new entry or other immigration restrictions, it instructs the Department of Labor (“DOL”), Department of Homeland Security (“DHS”), and other agencies and departments to take steps that undoubtedly will lay the groundwork to limit H-1B employment in the near future.
Continue Reading Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted
Seyfarth Synopsis: The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the next 60 days. This order is limited in scope and should not have a significant impact on the transfer of global talent.
On Wednesday, April 22, 2020, President Trump issued a proclamation to pause the issuance of new Immigrant Visas outside the U.S. for an initial period of 60 days, taking effect at 11:59 p.m. on Thursday, April 23, 2020.
Continue Reading It Shall be Tweeted, It Shall be Written: Temporary Suspension of Immigrant Entry
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these challenges, Seyfarth is providing a brief summary of recent developments from the U.S. Department of Homeland Security, U.S. Department of State, and U.S. Department of Labor.
Updates from the U.S. Department of Homeland Security
Continue Reading COVID-19 Immigration Updates From the Agencies